The URL can be used to link to this page

Home My WebLink About1990 - Preliminary Plat ApprovalFRESE. FALLACE. NAgH & Toupy, P.A. A9`Tl>1(NnYS AT LAW GAN1' B. PRESEt JAMM8 H. FALLA0X CHARLES TAN NA24H � VINvicwr G. TORPY. JR. ELIss A. BINazn RICHARD E. TiiR)-y GnIMONY S. HANSEN .i. PATRICK ANDERSON WILLIAM A. QxIMM OF COUNSEI. FACSIMILE TRANSMITTAL Facsimile Number: Deliver to: Facsimile From: Facsimile Date: Total Number of Pagess (Including Cover Sheet) 030 -S. ILMD61i C'I VY BLVD, i`3111Tic .inrb Mmi,nov NR, FLURIDA:32001 (407) 064.5300 VAX (407)051-3^, li ( 13.1Auu CiMT11PH;j1 I1-. TAxnTIoN • nuwnn (. V11TIFIKU Iti E17n91f P/AN NIT: !) :-110 PX—I.Afk (407) 599-5570 Bruce Cooper, Director Community Development Charles Ian Nash, Esquire November 9, 1990 Eight (9) Reference: City of Sebastian Resolution approving preliminary plat Chesser's Gap Planned Unit Development IF YOU DO NOT RECEIVE ALL PAGES SHOWN ABOVE PLEASE CALL OUR OFFICE. Thank you. FRESE, FALLACE. DASH & TORPy, P.A. ATTOUNiCY9 AT LAM' GAnY R. FkkCslrl .TAMES H. FALLAC IC CHARLES IAN NAtr11 � VINeicw-r G. TORPY. JR. ELISE A. RINaen RICHARD E. TOnpv GREGORY S. HANmEr4 J. PATRICK ANnvkHoN Wlt,l.t-%m A. GRIMM November 8 1990 OF COUNSEL VIA TLLLCOPIER (407,} 38-8-0871 Warren W. Dill, Esquire Warren W. Dill, P.A. Wabasso One Building 9025 U.S. Hwy. 1, Suite 4 Sebastian, FL 32958 930 S. IIA14144)K C ITY BLVD, C4111TE 606 MEA-WOURNE, FI.oniTIA .32001 1.407) PSS -3300 FAX (4070 461-3741 TAKAr;;.H • R;-Att). Uktr,;r; to ;n ILr.rA;w Pl..0 y1N•: nnv !`rtie;eArx Re: Resolution approving Preliminary Plat Chess6r's Gap Planned Unit Development Dear Warren: Enclosed please find the proposed Resolution for your review and comment. Looking forward to hearing from you as soon as possible with respect to this matter. Very truly yours, FRESE, FIJaLACE,, NASH & TORPY, P.A. CHARLES IAN NASH City Attorney CIN/dlb Enclosure as stated cc: Bruce Cooper, Director Community Development Via Telecopier with copy of enclosure RESOLUTION NO.: R-90-46 L -G"" A RESOLUTION dF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, PROVIDING FOR THE APPROVAL OF A PRELIMINARY:PLAT FOR A PUD(C) COMMERCIAL PLANNED UNIT DEVELOPMENT FOR A PARCEL OF LAND APPROXIMATELY 58.09 ACRES IN SIZE LOCATED SOUTH OF COUNTY ROAD 5129 SOUTH OF THE INTERSECTION OF COUNTY ROAD 512 AND FLEMING STREET, APPROXIMATELY THREE AND ONE-HALF MILES WEST OF U.S. HIGHWAY 1, ALSO KNOWN AS STATE ROUTE 5, AND EAST OF STRAIT AVENUE, SUBJECT TO CERTASN CONDITIONS; WAIVING SINGLE SITE PLAN SUBMISSION; WAIVING CERTAIN SIDEWALK REQUIREMENTS; PROVIDING FOR BINDING EFFECT; PROVIDING FOR RECORDING; PROVIDING FOR REPEAT, OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the applicant, Sebastian General Partnership, B.F.T., (hereinafter referred to as the "Applicant"), is the owner of a certain tract of real property located in the City of Sebastian, Indian River County, Florida; and, WHEREAS, the Applicant has requested that the City Council of the City of Sebastian approve the Preliminary Plat for a PUD(C) Commercial Planned Unit Development submitted to the City; and WHEREAS, the city staff and the City Planning and Zoning Commission have reviewed the Preliminary Plat submitted by the Applicant and have recommended approval subject to the imposition of several conditions; and, WHEREAS, the Applicant has requested that the sidewalk requirements set forth in Section 20A -17.1K. of the Land Development Code be waived if the Applicant provides bicycle/pedestrian paths that allow for adequate pedestrian circulation; and, WHEREAS, the Applicant has requested a waiver of the requirements of Section 20A-4.13 B2., and that individual site plans be submitted to allow for a pleasing and harmonious overall environment in accordance with Section 20A-10.2 B; and, WHEREAS, the City Council has considered the requirements of Section 20A-4.6 of the Land Development Code and the provisions of the Land Development Code referred to therein; and, WHEREAS, the City Council has determined that the Preliminary Plat eubmitted by the Applicant should be approved subject to the conditions set forth in this Resolution. NOW, THEREFORE, 8E IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that: -section 1. PRELTMINMY PIAT APPROVAL. The Preliminary Plat submitted to the City by Sebastian General Partnership, B.F.T., with respect to the PUD(C) Commercial Planned Unit Development for the certain tract of real property owned by the Applicant, consisting of approximately 58.09 acres located south of County Road 512, north of the intersection of County Road 512 and Fleming Street, approximately three and one-half miles west of U.S. Highway 1, also known as State Route 5, and east of Strait. Avenue, and more particularly described as: A parcel of land in the NE i of Section 13, Township 31 South, Range 38 East, known as Chesser's Gap, described as follows: That part of the NW } of the NE } of Section 13, Township 31 South, Range 38 East, lying South of Fellsmere Road, AND ALSO the West J of the NE } of the NE } of Sec. 13, Township 31 South, Range 38 East. All of the above land now lying in the City of Sebastian, Indian River County, Florida', is hereby approved, subject to the conditions and restrictions 2 contained elsewhere in this Resolution. Section 2. CONDITIONS AND RESTRICTIONS. The approval of the Preliminary Plat as set forth in Suction 1 of this Resolution is conditioned upon the Applicant, and its successors in interest, complying with the following conditions and restrictions: 1. All improvements made to the subject real property, as outlined in the Traffic Study to County Road 512 (traffic light, right turn lane and left turn lane) will be constructed by the Applicant at ite expense, in accordance with the requirements of Indian River County, Florida. This condition shall not operate to preclude Indian River County from requesting modifications or additions to the improvements as Indian River County deems necessary and proper. 0 2. Applicant shall be authorized to construct all required streets, on-site storm water tracts, street lighting, and all other improvements to Fleming Street/vocelle Extension as -D �3 ri rl indicated on the preliminary plans dated Ji. 4� � 44&ff-��„S� ^ • -L 3. Applicant shall construct -an awvr1en.c-= *ery ff-s , .. that will allow for police, fire, rescue and ambulance vehicular travel from the west end of the street constructed in the Commercial Planned Unit Development to Wave Street in Sebastian Highlands, Unit 6. The design standards for the s �u ��,ergency -%�tt- '�rt�sS road shall be in compliance with the requirements determined by the City Engineer. )'YI ttC 4. Applicant submit a final p4 -&t for the approval 69� of the City in accordance with the provisions of Section 20A--4.11 �9 3 of the hand Development Code after the improvements set forth in paragraphs 1 through 3 of this Section 2 have been completed and certified by the Applicant's Engineer and the City's Engineer. S. Applicant shall riot submit a final plat for approval nor shall a final plat be approved until central water and sanitary sewer has been constructed and approved by the appropriate governmental authorities and agencies having jurisdiction. �1a 6. Each site plan4'that is submitted to the City which indicates that the ownership of the real property that is the subject of the site plan is owned by a person or entity other than the Applicant must include agreements, covenants, contracts, deed restrictions and/or sureties acceptable to the City and the City Attorney to ensure that such owner will he bound by the commitments made by the Applicant as set forth in the Preliminary Development Plan. 7` .a -,-I/ A?� ORo�.�reve,�CG� �t..,c✓% dove/ G.S�, �C" C ,7� o.t,r2. ., Section 3. WAIVER QF SINGLE �I�PI,A� SI]�EIMISSf1N. ! T e 7 Preliminary Development Plan submitted by Applicant need not contain the .information required by Sectio 2//�/A-4. r 1B.2 of tip W; (/ v,5 a "I a c' a/Q, .� , /..t ,S'/ it J a .S 4 -.. c -e Land Development Code. Applicant shall submit the site plan for each individual lot for review and approval of the City in accordance with icle X of the and D velat Code. /.h/1 Beg -Jon 4. WAIVER OF_&pECIPT SIDEWALK FSE UIREME) Applicant need not construct sidewalks on both sides of the street comprising the Commercial Planned Unit Development pursuant to Section 20A-17.1 K., so long as Applicant constructs a sidewalk consisting of a bicycle and pedestrian path which is at least six 2 (6) feet wide, is on the westerly side of the and provides adequate pedestrian circulation. Section 5. BINDING EFFECT. Applicant shall submit appropriate assurances that any successors or assigns of Applicant will comply with all provisions governing the development of the Commercial Planned Unit Development in accordance with this Resolution and the requirements of the Land Development Code of the City of Sebastian and all provisions of the Code of Ordinances of the City of Sebastian, including provisions of Sections 20A --4.6D. The provisions of this Resolution shall be binding upon any assigns and successors of Applicant. Section 6. RECORDING,. The City Clerk is hereby directed to record this Resolution in the public: records of Indian River County, Florida. ,Section 7. CONFLICT. All resolutions or parts of resolutions in conflict herewith are hereby repealed. In no event shall this Resolution be deemed to repeal any part of Ordinance No. O-87-09. Seqtjon_j. S RABiLITX. In the event a court of competent jurisdiction shall hold or determine that any part of this Resolution is invalid or unconstitutional, the remainder of the Resolution shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid or unconstitutional provision. It shall further be assumed that the City Council would have enacted the remainder: of this Resolution without said invalid and unconstitutional 5 provision, thereby causing said remainder to remain in full force and effect. Section 9. RFFECTIVE UATR. This Resolution shall take effect immediately upon its adoption. The foregoing Resolution was moved for adoption by Councilman The motion was seconded by Councilman and, upon being put to a vote, the vote was as follows: Mayor W. E. Conyers Vice -Mayor Frank Oberbeck Councilman Robert L. McCollum Councilman Lonnie R. Powell Councilman Lloyd Rondeau The Mayor thereupon declared this Resolution duly passed and adopted this day of , 1990. ATTEST: Kathryn M. O'Halloran, CMC AAE City Clerk (seal) Approved as to Form and Content: Charles Ian Nash, City Attorney 6 CITY OF SEBASTIAN, FLORIDA By: W. E. Conyers, Mayor